Help with replying to court papers - car hire agreement.

[alisono]

Any help welcomed.

 

I took out a short term car lease last December 2009, it was originally for 3 months and cost an initial payment upfront of £1286 and then £621 per month via direct debit. I had the car up until 17th November 2010 and every three months I was sent via web an e-electronic form to put my initials on. When the car was collected some 2 days later via email and then post I received a bill for excess mileage and 1 weeks extra rental, total £550.00 (2 separate bills) I emailed themcompany and asked a few questions, firstly, I was under the impression that the initial payment was for 1 months rental and a deposit so that when the car was returned it was either refundable or paid for any extra's I was informed tihs was not the case also 1 weeks extra and I explained to them I felt a little greived by this seeing that the tax ran out on the car and it sat in the garage for 7 days till a new disc arrived and I had notified them with no response the month previos, when it arrived they said I shouldn't of worried as if I got any fines the lease company would of paid these. I replied to this saying my insurance would of been invalid if I had been in an accident. The excess mileage was fine but they were charging me 25p per mile and the original contract said 20p, I asked for a copy of the agreement which they delivered electronically and yes it did say 25p not as the first one did, I also noted it had been signed with my name, but certainly not by me a different signature, which I asked them about and they replied that just how the system worked it put your name on it? When I hadnt paid within 5 days they sent me another bill for the mileage at £1.00 per mile a bill of £1800 saying because I hadnt paid them now charging me out of contract rates although the contract date was vaild till 12/12/10 and bill arrived 29th Nov. I rang them and left a message to speak them no one called me back and then promptly on the 23rd dec I received without my knowledge County Court Papers dated 16th Dec claiing the amount of £1900 plus costs. Can anyne help me to reply I filed for an extentsion bt need some help. The agreement is not covered by the Credit consmer act.

[postggj]

Out of contract rates

 

rollocks

 

you only have one valid contract

 

do you have a copy of the t&c with the agreement

[MARTIN3030]

Is this a national company ? have you got a copy of the terms and conditions ?

Also have you got copies of all the communications ?

[alisono]

Hi, thank you both for your swift responses this copany is called Equalease from Manchester. I have all email copies of their responses to me. I have cut and pasted as best possible

HIRE AGREEMENT

Equalease Ltd, The Oasis, Brinell Drive, Irlam, Manchester, M44 5BL

Telephone: 0161 775 5657. Fax: 0845 280 4957. e-mail: [email protected]

Registered in England No: 5317338, VAT Registration No: 851 8335 18

Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV

Terms & Conditions of Hire

REGISTERED KEEPER: Equalease Ltd , The Oasis, Brinell Drive, Irlam, Manchester, M44 5BL

HIRER: xxxxx

We acknowledge your proposal to order a vehicle/s through Equalease. Our terms and conditions of business are set out below.

Please ensure that you read and sign the endorsement set out below to enable us to deliver vehicles to you. If you are unhappy

with any term or would like clarification please contact us on the telephone number or email address shown above.

We have used various terms within this document. The word “you” refers to the customer/ hirer of the vehicle(s) (whether as an

individual or as a company) and any employee/driver thereof. The name Equalease is the trading name of Equalease Ltd. The

word ‘we’ refers to Equalease. The term ‘vehicle’ refers to the vehicle or vehicles hired under the terms of this Agreement. The

term “Agreement” refers to this Hire Agreement. The word “schedule” refers to the “Vehicle Schedule” at the end of this

agreement.

The vehicle is operated by Equalease and remains their property at all times. Throughout this document words in the singular will

include the plural and vice versa unless specified otherwise. This agreement is between the hirer/customer and Equalease and

shall be in force for the entirety of the Hire Period as outlined in the Vehicle Hire Schedule at the end of this agreement. ‘BVRLA’

refers to the British Vehicle Rental and Leasing Association which is the recognised association in the industry.

PRELIMINARY REQUIREMENTS AND MONIES

Before ANY vehicle delivery we require;

A satisfactorily completed proposal form

Documentary evidence of fully comprehensive insurance.

Initial payment as stated in the Schedule attached

Satisfactory evidence of status of the customer

Confirmed number, size, location and period of vehicle(s) requested

Fully completed and signed Direct Debit / Standing Order Mandate Form

Invoicing and payment of invoices will be on a calendar month basis. The minimum rental period is as stated in the Schedule

attached. There is no option to off-hire the vehicle early.

The price quoted in the Schedule attached includes mileage to the figure stated in the said Schedule but any excess mileage over

the figure stated will be chargeable after every vehicle exchange and vehicle off-hire, and shown on the final invoice. Excess

mileage will be charged at a ‘pence per excess mile’ figure as shown on the attached Schedule. Any miles under the allowance

cannot be carried forward or passed onto another vehicle.

ALL rentals due under this Agreement must be paid on or by the due date. The initial payment may be paid via a credit or debit

card however all future rentals MUST be made via a Direct Debit Mandate. If any rental becomes overdue by more than 7 days

we may seek to recover the vehicle and terminate your agreement with immediate effect. A late payment charge of £15 plus vat

will be added to your account for any payment that is received more than 7 days late.

VEHICLE

It is a fundamental term of this Agreement that you maintain fully comprehensive vehicle insurance with a recognised motor

insurer at all times. This includes updating your insurance arrangements if an exchange or additional vehicle is supplied. If a

vehicle is found to be uninsured (commencing from delivery to collection) we have the right to collect the vehicle forthwith (without

refund of any hire charges). ). It is the Hirer’s responsibility to ensure that Equalease has an up to date copy of the valid

insurance certificate at all times.

If the vehicle is found not to be insured and a prosecution or civil claim results it is your sole responsibility to pay all costs,

penalties, claims, damages and expenses incurred including repair of the vehicle, answering to the prosecution and any third

party claim.

You accept responsibility for the vehicle upon delivery and until Equalease has collected the vehicle. You are responsible

throughout the period of hire for all damage, civil claims and road traffic offences arising or occurring from the hire of the vehicle.

If we become aware of any damage, parking or other penalties relating to the vehicle during the period of hire we will notify you.

You hereby authorise Equalease to deduct any such charges by direct debit / or standing order from your notified account during

the following month. It is your responsibility to ensure that any London Congestion Charges are paid.

Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV

It is your responsibility to keep engine fluids to a reasonable level at all times. It is your responsibility to repair punctures and

windscreen/glass damage and to keep the vehicle in good condition at all times. Equalease cannot accept responsibility for any

damage or additional costs incurred by careless or reckless driving or general misuse of the vehicle.

All damaged or stolen vehicles will remain on hire (and therefore incur a daily hire rate as set out in the Schedule attached) until

all damage is repaired or in the event of a total loss, until the insurance claim has been paid in full.

You must deliver the vehicle to Equalease authorised servicing garages when required by Equalease. All manufacturers’ regular

servicing charges will be met by Equalease. Any additional maintenance or repairs caused by use or misuse of the vehicle will be

charged to you. Any dispute will be referred to the BVRLA.

The vehicle must not be taken from or leave the United Kingdom without the prior written authority of Equalease. Failure to notify

us could invalidate your insurance and may result in your contract being terminated and the vehicle reported as stolen.

Should a vehicle be collected and further damage is noted after the vehicle has been repatriated you will be notified within a

reasonable time. In the event that the vehicle is damaged during the hire period all repairs must be authorised by Equalease and

undertaken only by Equalease authorised repairers.

No roof racks, tow bars or other alterations are to be made to the vehicle.

Full national breakdown is provided including replacement vehicle. Appropriate breakdown assistance numbers will be given to

you at the time of vehicle delivery. Equalease will arrange a courtesy car provided you follow instructions issued by Equalease.

OTHER TERMS

Equalease reserves the right to off-hire or exchange the vehicle (with an equivalent vehicle) at any time.

Vehicles can only be reserved for a particular working day and not a particular time of day. If you require a vehicle for a

designated time it is recommended you reserve the car for the day before. We cannot guarantee what time the vehicle will be

delivered.

If your vehicle is involved in an accident at any time, you must notify us within 48 hours of the event regardless of whether the

accident was your fault or the third parties. Failure to notify us may result in the your Agreement being terminated with immediate

effect.

You must notify us immediately if you change your address or your contact numbers at any time. Failure to do so may result in

your agreement being terminated with immediate effect.

MILEAGE

It is the Hirer’s responsibility to provide Equalease with an up to date mileage reading for their vehicle each month within 48 hours

of your monthly payment date. This will be compared against your agreed contracted mileage for the preceding month. Any

mileage in excess of the contract mileage will be charged each month at the “in contract” excess mileage figure as shown on your

Vehicle Hire Schedule. This amount will be confirmed in writing and payment taken within 14 days via direct debit. At the end of

the Agreement, we will assess the total number of excess miles on your vehicle against your allowance (if the Agreement has

terminated early for any reason or your vehicle has been exchanged during the contract, the total contracted mileage allowance

will be calculated on a pro-rata basis).

Any excess mileage outstanding at this stage will be charged at the “out of contract” excess mileage figure as shown on your

Vehicle Hire Schedule. Any accumulated over payments made for the excess mileage at the end of the Agreement will be

refunded.

HIRERS OBLIGATIONS

During the Hire Period the Hirer shall:

Give immediate notice to Equalease of any damage to or any malfunction or breakdown of the vehicle and shall not, if there is

such damage, malfunction or breakdown, continue to use the vehicle, if to do so would or might be reasonably expected to cause

further damage or to exacerbate the existing damage, malfunction or breakdown;

permit Equalease to carry out any essential servicing or repairs of the vehicle is damaged or develops any fault;

not sell, hire or charge, or attempt to sell, hire or charge or permit any encumbrance to exist over the vehicle;

not alter the vehicle in any way including removing or altering any identifying mark, number or plate on the vehicle;

Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV

not, without prior written consent of Equalease, to use, or allow the vehicle to be used for any purpose for which it is not designed

or suitable and, but without limitation to the generality of the foregoing, not to use or allow the vehicle to be used:-

in any race, rally, test or contest or for driving tuition;

to propel or tow any vehicle, trailer or other object unless the vehicle is fitted with an appropriate tow bar at the time of

hire;

to carry passengers for hire or reward without the written agreement of Equalease;

to carry passengers for whom there is not a fixed seat;

other than on public roads or private drive-ways;

by any person driving when unfit through alcohol or drugs or with blood alcohol concentration above the legally

permitted limit;

ensure that only drivers and hirers included on the hirer’s insurance policy for this vehicle are permitted to drive the vehicle;

ensure that the vehicle is not taken outside Great Britain without the permission of Equalease;

ensure that all fluid, oil and water levels are maintained in the vehicle and that the tyres are properly inflated;

ensure that when unattended, the vehicle is kept locked and any alarm set, if fitted, is activated and is appropriately protected

against adverse weather conditions;

not (and shall procure that any additional driver shall not) hold himself out or purport to act as the agent of Equalease for any

purpose whatsoever;

ensure that no provision of any statute, statutory instrument or regulation relating either to the vehicle or its use is contravened;

ensure that no act or omission occurs that might result in liability of the insurer under the insurance policy being avoided;

ensure that in all respects proper care is taken of and in the use of the vehicle.

END OF CONTRACT ARRANGEMENTS

The vehicle must be made available for collection by Equalease at the end of the hire period. All collections are made free of

charge unless the vehicle is located more than 50 miles from the office of Equalease shown above. In such circumstances a

reasonable collection charge will be added to the final invoice. It is your responsibility to be available to sign the Vehicle Condition

Report (VCR) when your vehicle is collected. This report will detail the mileage on the vehicle at collection and will also note any

damage to the vehicle. If you are not available to sign the VCR then any damage noted and the collection mileage will be noted in

your absence and you will be liable for any resulting charges.

Equalease must be notified within 14 days of the due contract end date at the latest if you wish to extend your contract.

Equalease have the right to refuse an extension or to exchange the vehicle for a different one of the same make and model. In

the event that there is no extension undertaken, then the vehicle must be returned on the contract end date. An inspection of the

vehicle will be carried out at the end of the Agreement and will include an interior and exterior check to BVRLA guidelines and an

actual mileage report. You must return the vehicle in a good condition commensurate with BVRLA standards as regards age and

mileage.

Upon collection, the interior of the vehicle must be in the same clean condition as when it was delivered. If you fail to return the

vehicle in a good condition and as a result repairs, cleaning or refurbishment is required to put the vehicle into an appropriate

condition, you hereby agree to be responsible for such costs. In addition should the vehicle require damage repairs upon

collection from you, the hire will have been deemed to continue until the damage repairs have been completed. Equalease will

use all reasonable endeavours to ensure that any such repairs are carried out in a timely manner.

You will be notified of these costs within a reasonable time of collection of the vehicle from you. Any dispute of the said costs

must be notified within 48 hours of said notification. You authorise Equalease to deduct any such end of contract costs from any

credit held against your agreement. Any end of contract charges must be paid to Equalease within 7 days of the end of your

agreement.

If you do not return the vehicle on the due return date and have not obtained formal agreement from Equalease to extend your

contract (that agreement not being unreasonably withheld), then Equalease reserve the right to charge a daily rental rate until the

vehicle is returned equal to £50 + vat per day. In addition, the vehicle may be reported to the Police as stolen.

Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV

GOVERNING LAW AND JURISDICTION AND NOTICES

This agreement shall be governed by English Law and any disputes arising out of this agreement shall be referred to the nonexclusive

jurisdiction of the English Courts.

Any notice required or permitted to be given by or under this agreement shall be given by delivering the same or by sending it in a

pre-paid envelope by first-class post to the address of the party in question as set out in this agreement and any such notice shall

be deemed to be served in the case of personal service at the time of delivery to the party concerned and in any other case 5

days after the time at which it is put in the post and in proving such service it shall be sufficient to prove that the notice was

properly addressed and posted.

THE HIRER CONFIRMS:

I hereby agree with all the above stated terms and conditions, and the details set out in the Vehicle Hire Schedule attached. I

accept that if I do not abide by the terms above the additional hire charges and financial penalties stated can be levied by

Equalease. I understand that the stated hire charges and penalties do not in any way limit my liability at common law.

I confirm that Equalease has the right to cancel this agreement at any time if I fail to perform the obligations set out above, or if

any information comes into their possession concerning my ability to pay the hire charges or which gives them reasonable

grounds of concern as to the safety of the vehicle.

I understand that Equalease has the right to amend or vary any term or condition set out above upon 28 days written notice.

SIGNED: SIGNED:

PRINT NAME: PRINT NAME:

DATE: DATE:

POSITION: POSITION:

COMPANY / PRIVATE NAME: COMPANY/PRIVATE NAME:

ADDRESS: ADDRESS:

TO BE COMPLETED BY EQUALEASE:

VEHICLE/S APPROVED FOR DELIVERY BY

SIGNED:

PRINT NAME:

DATE:

POSITION: Director

Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV

Clients Name:

Contract Date: 11/09/2010 to 10/12/2010

 

 

**

+

*

*

 

 

Make and Model: ! , - $$% .

Registration Number: /0 1(2

Factory Fitted Extras: *

Dealer Fitted Extras: *

Exterior Colour *

Interior Colour *

Monthly Rental Service Total Monthly Rental Initial Payment:

£621.58 Included £621.58 N/A

Maintenance Term Payment Pattern Monthly Mileage

Included 3 Months '1,250

Excess Mileage 25p

(pence per mile)

In Contract Rate 25p Out of Contract Rate 1.00

-

ALL FIGURES INCLUDES VAT WHERE APPLICABLE

Delivery Address

Additional Notes

I CONFIRM MY AGREEMENT FOR THIS VEHICLE TO BE SUPPLIED ON THE ABOVE TERMS

For and on behalf of:

Name (in capitals):

Position:

Signed:

Date:

 

Signed by Equalease

Name:: Agreement Number:

Position:

Signed: Date:

Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV

)

e-Signed 2010-09-09 09:59AM GMT

Waiting for Signature

[email protected]

Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV

[postggj]

Do you have a copy of the vehicle hire scedule ref excess milage

[alisono]

Hi, I never got one, I have gone throug all the mails and I only every had the Hire Agreement original and they had a direct debit signed, my driving licence, a copy of the insurance and a copy of a gas bill for prof of identity. I have looked on their website and cant fnd a rate schedule, everything done via email.